Synopses & Reviews
Commitment and Compliance is the first book to evaluate the impact of state behavior of international norms adopted in forms that are not legally binding. The use of such `soft law' has increased dramatically with the proliferation of international organizations. Whether and how such norms can be used effectively to supplement or substitute for legally binding obligations forms the heart of this discussion.
About the Author
Dinah Shelton is professor of international law at the University of Notre Dame Law School. She is director of the doctoral program at the University's Center for Civil and Human Rights and a Fellow of the Kroc Institute for International Peace Studies.
Table of Contents
Introduction: Law, Non-Law and the Problem of Soft Law,
Dinah SheltonPART I. THE INTERNATIONAL SYSTEM
1. Normative Development in the International Legal System, Christine Chinkin
2. Compliance Theories
Choosing to Comply, Peter Haas
Beyond Compliance: Helping Nations Cooperate, Richard Bilder
3. Challenges to the International Legal System
Economic Interdependence, Globalization and Sovereignty, Wolfgang Reinicke and Jan Martin Witte
The Role of Soft Law in the Global Order, Mary Ellen OConnell
4. Commentary and Conclusions: Compliance with Soft Law, Jonathan Charney
PART II. PERSPECTIVES ON COMPLIANCE WITH NON-BINDING NORMS
5. The Environment and Natural Resources
The General Assembly Ban on Driftnet Fishing, Donald Rothwell
Pesticides and Chemicals: The Requirement of Prior Informed Consent, Ali Mekour
Antarctica: Recommended Measures as Nonbinding Norms, Christopher Joyner
Selected Agreements under the Framework of the Convention on Migratory Species, Claire Shine
Commentary and Conclusions, Alexandre Kiss
6. Trade and Finance
Money Laundering, Beth Simmons
Soft Law in a Hybrid Organization: The International Organization for Standardization, Naomi Roht-Arriaza
The World Bank Operational Standards, Laurence Boisson de Chazournes
Environmental Norms in the Asia-Pacific Economic Cooperation Forum, Lyuba Zarsky
Commentary and Conclusions, David Wirth
7. Human Rights
A Hard Look at Soft Law: The Case of the OSCE, Erika Schlager
International Labor Organization Recommendations and Similar Instruments, Francis Maupin
Inter-American Human Rights Law, Soft and Hard: What Difference?, Douglass Cassel
Human Rights Codes for Transnational Corporations: The McBride and Sullivan Principles, Christopher McCrudden
Commentary and Conclusions, Dinah Shelton
8. Multilateral Arms Control
Soft Law of the Weapons Control Supplier Groups, David Gaultieri
Protection of Nuclear Materials, Barry Kellman
Land Mines, Richard Williamson
Commentary and Conclusions, Abram Chayes and Dinah Shelton
9. Conclusions, Edith Brown Weiss and Dinah Shelton